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Workers’ Compensation: Preexisting Conditions

Few of us go through life without having a few bumps and bruises along the way. Oftentimes, these scrapes leave workers with permanent injuries or conditions that could predispose them to a subsequent workplace injury, which unscrupulous workers’ compensation insurers may use to deny a properly accepted workers’ compensation claim. Fortunately, Nevada has adopted laws to govern when a work injury that compounds a preexisting condition should be properly accepted as a workers’ compensation claim.

Under Nevada statute 616C.175, every on-the-job injury that arises out of and in the course of employment must be accepted as a work injury if it aggravates, precipitates or accelerates a preexisting condition unless the insurer is able to prove that the work injury was not a substantial contributing cause of the resulting condition. This means that, regardless of how severe the preexisting condition, if the work injury worked together with that preexisting condition to leave an injured worker with a worsened condition, it should be accepted under Nevada’s workers’ compensation laws.

While a preexisting condition should not be grounds for claim denial, it may be the basis for potential limitation of medical care or apportionment of a Permanent Partial Disability (PPD) rating. This means that when the case settles, the ultimate settlement may be reduced based on scope and severity of a preexisting condition.

To find out more about your rights under Nevada’s workers’ compensation law, call us today. It doesn’t cost anything to see if we can help.


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